Sexual harassment complaint against Fabián Basabe filed in House

Image via Florida House.

A formal sexual harassment complaint against Rep. Fabián Basabe has now been filed with the House.

Two male staffers, Nicolas Frevola and Jacob Cutbirth, detailed many of the accusations already described in a lawsuit filed against Basabe in Leon County. Those include accusations the Miami Beach Republican told both men he wanted to have anal sex with them, and expressed he wanted to be a “bottom” while they could be “tops.”

That’s just one allegation detailed in the complaint emailed to the House. Cindy Myers, an attorney for Frevola and Cutbirth, said the staffers suffered severe harassment that made for a hostile work environment. She expressed shock how quickly after winning a close election that Basabe created a sexually charged atmosphere in his office.

“He just walked into the Capitol building and right off the bat started sexually harassing the guys,” Myers said.

Frevola, a 25-year-old legislative aide, remains an employee of the House but is set to be transferred to work for a new lawmaker. Cutbirth, a former intern, quit over the harassment.

Myers said both men were asked to sign nondisclosure agreements when they started to work for Basabe, and were reluctant to make complaints immediately after the incidents. The attorney said since her clients were employees of the state, they never should have been asked to sign NDAs.

Officials with the House said the complaint will be independently investigated.

“The Florida House has a zero-tolerance policy towards sexual harassment,” reads a statement provided from a House spokesperson. “Outside counsel will conduct a thorough investigation into the allegation. Pursuant to House policies, we will investigate the matter promptly, impartially, and in as confidential a manner as possible. Every employee of the Florida House is provided a copy of the administrative policy manual which outlines how to report allegations of sexual harassment with Florida House staff and leadership.

“This new allegation was brought forward after the completion of an investigation regarding an alleged physical altercation between Rep. Basabe and a Florida House employee, which included interviews of the complainant’s witnesses, and produced inconclusive findings. Throughout the investigation, both parties should respect the confidentiality of the proceedings to protect the integrity of the investigation. While this matter is being thoroughly investigated, we will not comment further.”

A different firm will investigate the sexual harassment allegations from the one that looked into a past accusation from Frevola. Allen Norton & Blue earlier this year found evidence “inconclusive” as to whether Basabe slapped Frevola in a roomful of lobbyists at a reception following Gov. Ron DeSantis’ second inauguration. None of those Frevola identified as witnesses said they saw Basabe hit Frevola, a report stated.

Myers said during the investigation of Frevola’s claim, Cutbirth offered to discuss his own problematic interactions with Basabe, but the firm released a report without ever speaking to him. Cutbirth’s accusations would have been outside the scope of that investigation, Myers said she was told.

“Due to the obvious violations of law and House policy that were reported to this investigative firm, these statements, and the failure to include this important information which was timely provided to a law firm operating as the House’s agent in its final report, is utterly shocking,” Cutbirth wrote in an email to House Speaker Paul Renner and the House Human Resources Department.

In the new complaint Cutbirth said on Dec. 15, he drove Basabe to a hotel after an event, and the lawmaker groped and tried to kiss the intern. The complaint says the same evening, Basabe “attempted to entice Cutbirth to come up to his hotel room with him to have sex.” Cutbirth refused.

The complaint also said Basabe encouraged Cutbirth to break up with his fiancée, now his wife, to explore sex with men. One time with both Frevola and Cutbirth in the room, Basabe told both men he wanted to have anal sex with them, the complaint states.

The same day, Basabe during a walk to the Governor’s Club asked Cutbirth about the size of his penis, the complaint alleges.

“Because Cutbirth found Basabe’s pervasive sexual harassment and comments to be offensive to him, he quit as Basabe’s intern that same day, March 7th, by walking out of the office and never returning,” the complaint states.

“The same day, Cutbirth texted some of his friends in a group chat and told them that he had been sexually harassed, and he subsequently spoke with at least one on the telephone and explained that Basabe had been sexually harassing him.”

Basabe has not replied to requests for comment about the complaint.